THE CRIMINAL EQUATION Actus Reus + Mens Rea = CRIME Actus Reus Latin for guilty act This simply means the physical act of committing a crime 1
Mens Rea Latin for guilty In the Criminal Code you will find the words, "with knowledge", "with intent and "knowing" All of these terms are often used to mean Mens Rea Proof of Offences A person charged with a criminal offence is presumed innocent until that person pleads guilty or is proven guilty in court. The Crown Prosecutor must prove that the accused person is guilty. That person does not have to show that he or she is innocent. 2
How much proof is required? At any criminal trial the Crown Prosecutor must prove beyond a reasonable doubt that the accused person committed a criminal offence. They have a reasonable doubt if, after considering all the evidence, they are not completely sure whether the accused person committed the offence. What kind of proof is required? To be found guilty of a crime, a person must have done something that is against the law while having what is called a "guilty state of ". The prosecution tries to prove that the person intended criminal behaviour or that the person had a state of that was criminal. 3
What kind of proof is required? The person's state of is not a question of motive. It is merely a question whether he or she intended the act. At any criminal trial the prosecution must prove these two things: (1) the criminal behaviour (actus reus), and (2) the accused person's state of (mens rea). The criminal behaviour The criminal behaviour must fit precisely within the definition of criminal behaviour set out in the law. The criminal behaviour can be an act or omission, For example, it is an offence to fail to provide food for your dependent children. Failing to assist a police officer who needs and asks for help is an offence of omission. 4
The criminal behaviour The criminal law sets out exactly what amounts to a crime, both the person's behaviour and the circumstances under which it must take place. For example, section 175(1)(a) of the Criminal Code creates the offence of causing a disturbance: 175.(1) Everyone who (a) not being in a dwelling-house, causes a disturbance in or near a public place, (i) by fighting, screaming, shouting, swearing, singing or using insulting or obscene language, (ii) by being drunk, or (iii) by impeding or molesting other persons...is guilty of an offence punishable on summary conviction. The criminal behaviour must be voluntary If a person fell into a coma and did not provide food for his or her children, he or she could not be found guilty of failure to provide necessaries of life. Movements that are beyond a person's control are not voluntary. For example, a person who does a criminal act while sleepwalking may not be guilty because the harmful actions were not done voluntarily. 5
Different criminal offences require different states of. Most offences require one of intention, recklessness or negligence. Most provincial offences do not require proof of a "guilty ". These are called "absolute liability" offences. An example is speeding. In a speeding offence, what the driver was thinking or whether he or she intended to drive over the speed limit is not relevant. 6
Intention is when the accused person meant to do what he or she did. For example, shoplifting. Shoplifting is theft. A person who knowingly takes something from a store without paying for it commits theft. A preoccupied shopper who forgets to pay for something is not guilty of shoplifting. 7
We will sometimes be responsible for the unintended results of our actions. Recklessness is when a person realizes there is a certain risk involved, but commits the act anyway, regardless of the risk. For example, the charge of murder can result from either intention or recklessness. One part of the definition of murder says a person is guilty of murder if he or she intends to cause another person's death. Another part says a person is guilty of murder if he or she injures someone, knowing that the injuries are likely to cause death and is reckless whether the victim dies or not. Negligence is failing to act the way a responsible person acts or would act in the same circumstances. A person who is negligent does not look ahead to the consequences as we expect everyone to do. Where the definition of a crime includes negligence, a person can be guilty of criminal behaviour without actually thinking about the result. Criminal negligence is not the same as negligence in a civil case. Usually criminal negligence involves behaviour that is extremely careless. 8
A common example of criminal negligence occurs in driving cases. A person can be found guilty of criminal negligence if another person is injured or killed in a car accident as a result of the accused person's criminally negligent driving. For example, a driver may be found criminally negligent if his actions are far below the standard of a cautious and careful driver and if these actions caused the accident. The driver may be guilty even if he did not realize his behaviour could cause an accident. 9
How does the Crown Prosecutor prove what the accused person was thinking at the time of the crime? It can be difficult. Only the accused person knows what he or she was thinking. The Crown Prosecutor must rely on proof that a criminal act occurred and proof of statements or actions that show what the person was thinking. For example, in a murder case, proof that the accused person threatened to "get" the person who was killed may be accepted as evidence. Classification of Criminal Code Offences The Criminal Code classifies a criminal offence as one of three types of offences. These are: 1. Summary conviction offences, 2. indictable offences, and 3. dual or hybrid offences. 10
Summary conviction offences Summary means in a quick and simple manner. Summary conviction procedure means the person can get to court relatively quickly. A judge hears summary conviction cases in Provincial Court. There is no choice of court nor is there a right to a jury trial. Generally, the maximum punishment is a fine of up to $2,000, a jail term of up to six months, or both. The offence of sexual assault carries a maximum jail sentence of 18 months. Summary conviction offences Some examples of summary conviction offences are creating a disturbance, joyriding and committing an indecent act in public. Summary conviction offences are often narrowly defined offences. For example, carrying a weapon while attending or on the way to a public meeting is a summary conviction offence. Another example is failure to keep watch while towing a person on water skis. 11
Summary conviction offences Some summary conviction offences are rare, for example, fraudulently practising witchcraft. There is a six-month limitation period for summary conviction offences. A person cannot be chargedmore than six months after the facts occurred. Indictable offences Indictable offences are more serious crimes than summary conviction offences. There is more than one procedure for indictable offences. The procedure that applies depends on the seriousness of the offence. 12
Indictable offences Some indictable offences must be tried by a judge in Provincial Court. No jury trial is available for these offences. A number of very serious indictable offences, such as murder, must be tried by a judge and jury unless both the Attorney General and the accused person agree to a trial without a jury. For all other indictable offences, the Criminal Code gives the accused person a choice, called an election. 13